Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Denial of SEIS benefits for FY 2016-17 on the ground that foreign exchange was realized in FY 2017-18 was held unsustainable because the prescribed form expressly permits claiming SEIS for foreign exchange earned in a financial year against services exported in the preceding year, and the relevant criterion is earning/realization of foreign exchange, not the year of export; the rejection order and consequential communication were set aside. Denial of SEIS benefits for components such as travel/transport, inspection, R&D, software, and re-invoicing was also held erroneous since these were integral to the exported engineering services and, once foreign exchange was earned for them, they were eligible; the matter was disposed with directions allowing the claim. - HC
Denial of SEIS benefits for FY 2016-17 on the ground that foreign exchange was realized in FY 2017-18 was held unsustainable because the prescribed form expressly permits claiming SEIS for foreign exchange earned in a financial year against services exported in the preceding year, and the relevant criterion is earning/realization of foreign exchange, not the year of export; the rejection order and consequential communication were set aside. Denial of SEIS benefits for components such as travel/transport, inspection, R&D, software, and re-invoicing was also held erroneous since these were integral to the exported engineering services and, once foreign exchange was earned for them, they were eligible; the matter was disposed with directions allowing the claim. - HC
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